2021 (1) TMI 133

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....8, affirming the judgment of conviction dated 27.02.2018 and order of sentence dated 16.4.2018, passed by learned Judicial Magistrate, 1st Class, Court No.6, Shimla, District Shimla, H.P., in Case No. 95-3 of 2014, whereby learned court below while holding petitioner-accused guilty of having committed an offence punishable under Section 138 of the Negotiable Instruments Act, convicted and sentenced her to undergo simple imprisonment for a period of six months and to pay compensation to the tune of Rs. 4,00,000/- to the complainant. 2. Precisely, the facts of the case as emerge from the record are that respondent No.1 (hereinafter referred to as the complainant) instituted a complaint under Section 138 of the Negotiable Instruments Act (for....

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.... learned trial Court, petitioner- accused preferred an appeal in the Court of learned Additional Sessions Judge-I, Shimla, District Shimla, H.P., which came to be registered as Criminal Appeal No.25-S/10 of 2018, however fact remains that same was dismissed, as a result of which, judgment of conviction recorded by the learned trial court came to be upheld. In the aforesaid backdrop, accused has approached this Court in the instant proceedings, praying therein for her acquittal after setting aside the judgment of conviction recorded by learned trial Court. 4. During the pendency of the present petition, miscellaneous application bearing Cr.MP No.1662 of 2020 under Section 147 of Cr.P.C., has been filed on behalf of the petitioner-accused, s....

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.... objection in case the judgment of conviction and sentence recorded by the learned courts below are ordered to be quashed and set-aside. . Learned counsel representing the petitioner contends that in terms of compromise arrived inter se the parties, instant matter can be ordered to be compounded by this Court while exercising power under Section 147 of the Act as well as in terms of the law laid down by the Hon'ble Apex Court in Damodar S. Prabhu v. Sayed Babalal H.(2015)5 SCC 663. 8. Since both the parties have resolved to settle their dispute amicably interse them and entire compensation amount awarded by the learned trial Court stands paid to the petitioner, this Court sees no impediment in accepting the prayer for compounding the o....